John Quealy Irrevocable Trust v Lewer
2026 NY Slip Op 67992(U)
May 11, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
John Quealy Irrevocable Trust, appellant, v Henry Lewer, et al., respondents. (Appeal No. 1) John Quealy Irrevocable Trust, plaintiff- appellant,
v
Henry Lewer, et al., respondents; Israel Grossman, nonparty-appellant. (Appeal Nos. 2 and 3)
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 11, 2026
2024-01292, 514060/2021, 2024-04521, 2024-04971
Colleen D. Duffy, J.P.
Paul Wooten
Helen Voutsinas
James P. McCormack, JJ.
[*1]ORDER TO SHOW CAUSE
Appeals from three orders of the Supreme Court, Kings County, dated November 20, 2023, and May 10, 2024 (two orders), respectively. Motion by Israel Grossman, in effect, for leave to intervene on the appeal from the order dated November 20, 2023, and to extend the time to serve and file his appellant's brief. Motion by respondents Mark Beckman and Douglas Motzenbecker to extend the time to serve and file a brief. Application by John Quealy Irrevocable Trust to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motion by Israel Grossman and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Mark Beckman and Douglas Motzenbecker and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from orders dated May 10, 2024, on the ground that no appeal lies from an order entered upon the default of the appealing parties (see CPLR 5511), by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before June 10, 2026; if a self-represented party is unable to use NYSCEF or the digital portal on this Court's website, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before June 10, 2026; and it is further,
ORDERED that the motions and the application are held in abeyance in the interim; and it is further,
ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeals by uploading a copy of this order to show cause to the NYSCEF system, and upon Israel Grossman, via email to the email address provided to this Court, or if no email address is available for service by regular mail.
DUFFY, J.P., WOOTEN, VOUTSINAS and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court